Sen. William Delgado
Filed: 5/27/2014
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| 1 | AMENDMENT TO HOUSE BILL 1463
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| 2 | AMENDMENT NO. ______. Amend House Bill 1463 on page 4, by | ||||||
| 3 | replacing lines 11 through 25 with the following:
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| 4 | "If the premises for which a license was issued are located | ||||||
| 5 | within a city, village, or incorporated town having a | ||||||
| 6 | population of 1,000,000 or more inhabitants and the local | ||||||
| 7 | liquor control commissioner has evidence that the following | ||||||
| 8 | criminal activity has occurred inside the licensed premises: | ||||||
| 9 | the sale of or possession with intent to sell controlled | ||||||
| 10 | substances or marijuana, the sale of or possession with intent | ||||||
| 11 | to sell firearms, homicide, criminal sexual assault or criminal | ||||||
| 12 | sexual abuse, aggravated assault or aggravated battery, then | ||||||
| 13 | the local liquor control commissioner may, without notice or | ||||||
| 14 | hearing, and upon the issuance of a written order stating that | ||||||
| 15 | the continued operation of the licensed premises poses an | ||||||
| 16 | immediate threat to the health, safety, or welfare of the | ||||||
| 17 | community, order the licensed premises closed for not more than | ||||||
| 18 | 30 days, giving the licensee an opportunity to be heard during | ||||||
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| 1 | that period. If the licensee is granted a continuance during | ||||||
| 2 | this time, the licensed premises shall remain closed until a | ||||||
| 3 | judgment is entered. Notwithstanding the foregoing, the | ||||||
| 4 | licensed premises will be allowed to remain open if the | ||||||
| 5 | criminal activity is timely reported by the licensee, or its | ||||||
| 6 | agents, pursuant to local ordinance, and the criminal activity | ||||||
| 7 | shall not be used as a basis for suspension under this Act. A | ||||||
| 8 | distributor may, in coordination with the local liquor control | ||||||
| 9 | commissioner and the local police department, remove any | ||||||
| 10 | product from the licensed premises for which the distributor | ||||||
| 11 | has not received full payment from the licensee at the time of | ||||||
| 12 | the closure of the premises. The distributor shall provide the | ||||||
| 13 | local liquor control commissioner with a document outlining the | ||||||
| 14 | products for which full payment has not been received.".
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